Ft. Hood Court Ruling – Can’t mention “Jihad” or terrorist ties.
Let me get this straight – the piece of crap Hasan has said it was Jihad but the court ruled this can’t be admitted as evidence? We are going out of our way to protect those that would do us harm. This is also preventing the families of the victims from getting the benefits they deserve.
Lawyers representing the family members of those killed and injured in the Ft. Hood shooting rampage were outraged today when an Army judge limited prosecutors from introducing evidence, including emails to a known Al Qaeda operative, that would establish accused shooter Maj. Nidal Hasan’s “jihadi” motives. …
Prosecutors have sought to portray Hasan as a Muslim extremist, motivated by Islamist ideology and in touch with known al Qaeda member Anwar Alwaki.
“He didn’t want to deploy and he came to believe he had a jihad duty to murder soldiers,” lead prosecutor Col. Steve Henricks said in his opening statements. He wanted to “kill as many soldiers as he could.”
The judge, Col. Tara Osborn, ruled today that prosecutors could not mention Hasan’s correspondence with Alwaki, an American born al Qaeda recruiter and organizer. Osborn also barred prosecutors from mentioning Hassan’s interest in seeking conscientious objector status and drawing parallels to a 2003 incident in which another Muslim American soldier attacked U.S. troops in Kuwait, according to the Associated Press.
The judge found much of that evidence was too old, but permitted prosecutors to introduce evidence about Hasan’s internet usage and search history from the time of the attack.
This won’t hamper prosecutors at all, since Hasan admitted to the murders in his opening statement. The charges do not include terrorism, thanks to its lack of inclusion in the UCMJ, but the murder charges carry the death penalty anyway.
The real damage in this ruling is to the survivors and the families of the deceased. They want to pursue civil litigation against Hasan, and against the Obama administration’s designation of the attack as “workplace violence.” Lawsuits will force the Department of Defense to answer for that decision, which keeps the dead and wounded from being recognized as victims of a terrorist attack. An attorney representing the families expressed his outrage yesterday, saying that the evidence of Hasan’s motives should have been allowed as they would in any first-degree murder trial.